Appeal No. 1999-0880 Application No. 08/700,610 with which applicants were involved. That problem was the elimination of DIP switches to set codes in a transmitter and receiver. Applicants’ solution was to employ RF signals and to use a non-user changeable code in the transmitter and have the receiver learn that code from the transmitter when the device is in a program mode. We do not find Early’s key for operating a locking mechanism by optical means to be reasonably pertinent to applicants’ problem of eliminating the use of DIP switches in RF-remote control devices nor do we find Early suggestive, in any manner, of a non-user-changeable code in a transmitter which is learned by a receiver in a program mode. We find Early to constitute non-analogous art and, as such, to be not applicable to the instant claimed invention. Since the examiner has relied on Early for each and every one of the rejections of the claims under 35 U.S.C. § 103, we will not sustain the rejection of claims 20 through 45 under 35 U.S.C. § 103 based on any combination of references set forth by the examiner. None of the remaining references discloses or suggests the claimed non-user changeable code in a transmitter 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007